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ADDRESS 

OF THE 

FRIENDS OF THE NATIONAL, ADimtflSTRATXON 

TO THE 

CITIZENS OF WASHINGTON COVNTY, Fa. 



Fellow Citizens — At a very large and rcspecta-jjhis true claims for popular favnr^extremely embar- 
ble meeting of the "Friends of the present Adminis 
tration," held at the court house in the borough of 
Washington, Pa. on Wednesday, the 26th Septem- 
ber, 1827, we were appointed a general committee 
of correspondence, with instructions "to prepare a 
suitable argumentative address, on the subject of the 
Presidential election," which "will embrace in a for 
cible, but decorous manner, the prominent points of 
controversy." We cannot but be deeply sensible of 
the delicacy and difficulty of the duty thus imposed. 
Two distinguished men are candidates for the first 
office in the gift of a free people; and the choice is to 
be determined by the estimation of their respective 
merits. One of them is pre-eminent for his civic vir- 
tues and the arts of peace: the other is admired for 
the splendor of his military suecess. The one the 
most profound statesman and diplomatist, — the most' 
enlightened civilian, perhaps of the age, the other aj 
brave, vigorous, and fortunate commander, in this 
single view of the case, without enquiring further in- 
to the qualifications and personal character of the 
two men, we have no hesitation in preferring JOHN 
QUINCY ADAMS, to his competitor, Guneral An 
drew Jackson. A summary of the argument that 
presents itself in support of this determination, is 
contained in the third resolution of the meeting to 
which we have referred: " The true interests of the U. 
Stales are pacific , and our policy ought to be peaee- 



II is one of those probli'ms in the human 
character, which has never yet been explained, that 
the imagination is dazzled and (he judgment pervert- 
ed by the "pomp and circumstance of glorious war" 
the splendor of military appearance, and the pride 
of military success. It is right that the man who has 
led, through the danger of battle to the triumph of 
victory, should have not only rewurd, bHt honor and 
gratitude. We should not, however, confound these 
principles with that undefined feeling which swells 
our respect to admiration, and our friendship to idol- 
airy. It too frequently happens that a successful ge- 
neral becomes '-the man of the pcoplef 1 Re binds 
their affections — beguiles their reason — lulls their 
suspicions — wields their power — and at length leads 
them on to the destruction of their own liberties. 
No people were ever yet enslaved but by them- 
selves; and we venture to remark that nothing has 
evei been so fatal to freedom as the inexplicable 
principle we have mentioned. History will aburi- 
antly prove the truth of what we have said; and 
will, we think, shew that the republics of antiquity 
all fell victims to military usurpation, aided in the 
outset by mistaken popular favor. Divnysius distin- 
guished himself by his zeal and ability in the defence 
of his country, — obtained the affections of the peo- 
ple, and consequently the chief command — and at 
ength made himself tyrant of Syracuse — Jlgathcdcs, 



fid." We are blessed with the production of evcryi|by similar means became king of Sicily ,with absolute 



soil and every climate: Nature has bestowed upon 
us bountifully her kindest gifts, and only requires 
that, by a well directed industry, we take posses 
sion of them All we can wish for, then, from our 
social organization, is wisdom to adjust our. political 
economy, and safety in the enjoyment of the pros- 
perity which it will procure. These are to be found 
in the exercise of civil talents, for the enactment 
and just administration of mild and wholesome laws, 
rather than in the tumultuous hazard and strife of 
arm3. We have nothing to gain by war, ai:d we 
have more to hse, than any other people on earth 
The prevalence of military spirit, therefore, or any 
thing which has a» tendency to disturb our peaceful 
relations, is greatly to be deprecated, and this forms 
the ground of our first personal objection to GeneraTj 



and uncontrolled power,— Cypsdus overturned the o- 
ligarchy of Corinth. Pisistratus, was the advocate of 
political equality and the democratic constitution, 
until he secured the attachment and confidence of the 
people. He usurped the supreme power of Athens, 
by obtaining a guard, for the purpose, as he pretend- 
ed, of protecting him from assassination, with which 
he took possession of the citadel. He then disarmed 
the multitude and became master of their persons. 
Sylla, by party violence and military power, made 
hunself perpetual dictator at Rome He aterwards re- 
signed and retired to private life, but Julius Caesar, 
by the same engines, though in a less exceptionpble 
manner, finally put an euri to that republic. But some 
may say that these examples are too distant to have 
any bearing; that the present age is too much en- 



Jackson. It must be admitted that his pretensionsjllighteaed, and the prineiple^ of social right too well 
are purely niilitary, and that if he had not been "Mej|understood, to allow apprehension of any such catas- 
-Here qfJ\\'W Orleans,''' he never would have been a Itrophe. We would ask the attention of those per 



candidate for the Presidency. We are aware, that 
tha hold which this splendid achievement has taken 



jsons then, to France, within our own memory. She 
had just delivered herself by a tremendous effort, 



if 
;t, 

>.sjr. 

J to 



'! iblic mind, fenders our task of developing! from the despotism of ancient muuaici.v; her people 






were brave and patient — with strong notions of free- 
dom. She was called upon to resist the attack of ex- 
ternal foes, and a taste for war became general. Bo- 
naparte made himself, by the splendor of his charac- 
ter, the idol of a military population: his ambitious 
designs were hid in the blaze of his glory, and he 
stept upon the imperial throne, at a time when, toj 
all the world, the flame of liberty seemed to shine 
brightest. We ask your serious reflection, fellow- 
citizens, to these suggestions; they are deserving, 
we conceive, of your deepest consideration. It is dif 
ficult, we know, to bring home the cold, didactick 
precepts of reason and experience, 'o wild imagina 
tions and warm hearts; but believing that we see 
danger ahead, which perhaps many of you do not 
perceive, we feel it our duty to warn you to pause 
and examine. You will not, we think, do us the in-| 
justice to suppose we are influenced by any sinister 
motive in presenting _these views to your notice.! 
You must be convinced that we have no other in- 
terest in the contest than each of you have. VVe 
are all embarked in the same political vessel, and 
will sink or swim TOgether. The question is, who 
shall manage this helm? We are for choosing a pi- 



b!e, in some degree, who sanctions such acts, by re- 
fusing to enquire into the exercise of the authority 
which he has delegated. Gen. Jackson has put him- 
self on trial before the nation. He resigned his seat 
in the Senate, that he might be a candidate for the 
Presidency; and has, therefore, called upon the peo- 
ple to test his merits and qualifications. We go on, 
then, to shew, in support of our second objection, 
that Gen. Jackson is a man of dangerous mind and 
temper; that it would be unsafe to entrust him with 
the chief civil poicer and with the command of the ar- 
my and navy of the United Stales. In doing this, we 
shall state no fact without referring to evidence, nor 
will we draw any inference that we do not consider 
perfectly fair. We will "nothing extenuate, nor set 
down aught in malice." Our review shall commence 
in the spring of 1814, when Gen. Jackson led an ar- 
my of Tennessee militia, against the Creek Indians. 
In this war he manifested bravery and skill, but there 
one incident which ever} 7 friend of humanity 
would wish to blot from the page of history. On the 
27th of March, he found about 1000 Indians at their 
village in the bend of the Tallapoosie, with their 
squaws and children "running about their huts." His 
lot who will take us into smooth seas; you are, per- 1: letter to General Pinckney, dated on the subseq uent 



'is 



haps, for one, who might conduct us into a tempes- 
tuous ocean, where shoals and quicksands abound 
Do not think that we are positively unfriendly to Ge- 
neral Jackson. We disclaim any such feeling. W r e 
are as willing as any of you to give him reward for 
his services — honor for his valor and gratitude for 
his patriotism. But when he claims the highest ci 
vil office in the nation, and one which, in our opin 
ion, requires a mind of different structure and a to 
tally different temper from his, we must withhold our 
assent. The ground we have first suggested, to the 
considerate mind, will, we think, furnish a conclusive 
argument against him; but those who may not be 
convinced, we ask to accompany us in an examina 
tion of the objection we have last hinted. It is in 
substance this — Gen. Jackson possesses a violence 
and impetuosity of temper, which renders him an un- 
safe depository of power. He is bold, daring and in- 
trepid; but his bravery is rather physical than moral, 
and his energy is more under the guidance ofparsion 
than principle. His perceptions of political justice or 
private right, are very indistinct when a favorite ob 
jeet of pursuit engages his mind; and we believe, he 
would not be restrained by taws or constitution from 
indulging his own wild views of expediency or neces- 
sity. He is better fitted to do than to think — and his 
conduct indicates more \hoferccness of pride and au- 
thority, than the firmness of virtue. With such a 
man, the gradation from legitimate command to 
usurpation, and from usurpation to tyranny, is too ea- 
sy to render the process at all improbable. 

The public life of Gen. Jackson, we think furnish- 
es ample proof, that the view we have taken of the 
prevailing tendency of his mind and temper, is cor- 
rect, and that the danger we have merely hinted, 
may be seriousl} apprehended. In support of our 
opinions, we shall proceed to review some promi- 
nent incidents of his military conduct. This, we 
think we have a right to do "in a forcible but deco- 
rous manner." His private character we shall not as- 
sail, and we regret that it has been introduced in the 
discussion of his merits for office. But those acts, 
which he has done with the power of the peojde in his 
hands, we conceive are fair subjects of scrutiny. In- 
deed, it is our duty to examine, into the conduct of 
our public servants, where acts of oppression or cru 
t\U r are alledged; and we hold every man responsi-l 



account of the- 



-we cannot call 



jday, gives an 
[it battle. He says, "determined to exterminate 
|them, I detached General Coffee, with the mounted 
jmen and nearly the whole of the Indian force, early 
jon the morning of yesterday, to cross the river, 
'about two miles below the encampment, and to sur- 
round the hoid in such a manner, as that none of them 
should escape, by attempting to cross the river." The 
| result he details: "Five hundred mid fifty-seven were 
left dead on the Pcninsida and a great number were 
killed by the horsemen in attempting to cross the river, 

IT JS BELIEVED THAT NO MORE THAN TEN HAD ESCAP- 

•ed." " We continued,'' 1 headds, ci lo destroy many 
of them ivho had concealed themselves under the banks of 
the river, until ice were prevented by the night. This 
Morning we killed 16 which had been concealed." 
The village was burnt to the ground, several women 
'and children were killed, and the remainder made pri- 
soners. Extermination indeed!! He who can read 
the account "with composure," must have the heart 
of Timour or Kouli Khan. Miserable remnant of 
the once lords of the forest, who held in free domain 
this mighty continent. In an evil day for their hap- 
[piness, did civilized white men intrude upon them. 
They have been driven from the hunting grounds 
where the bones of their fathers lie, and year after 
year is the surge of population pressing them on. 
We constantly hear their complaints pf encroach- 
ment, and yet when a sense of injury goads their 
untaught minds, to acts of violence and outrage, 
they are to be "exterminated.' 1 '' Some we know will 
urge that savdge enemies are not entitled to quarters, 
and we admit that by the severe laws of war they 
are not — they maybe struck down in battle, although 
they offer to surrender. But when did an army of 
christians surround an enemy for the very purpose of 
putting them all to death; of preventing any from es- 
caping? The rule of humanity, which is the foun- 
dation of the law of war in such cases, is that the 
moment an enemy ceases to resist, the right to take 
away his life also ceases. It is a desperate necessity 
only which can warrant the destruction of human 
rational beings, and when that does not exist, a ge- 
neral "is responsible to God and to man for every 
person that is killed." Sixteen poor trembling wretch- 
es were dragged from their hiding places on the next 
morning, and in cold hi tod ]mt to death ! ! ! But we 



3 



leave ihis case to the consideration of the candid 
and the pious. If it does not manifest in the com- 
mander, who gave the orders, more the spirit of ven- 
geance than of good feeling, our hearts deceive us. 
The extermination of the poor Indians of course put 
an end to the war; and General Jackson, after gar- 
risoning what he called "the conquered country,'" 
returned to receive an oration from his fellow-citi 
zens at Nashville. In his reply to their address on 
that occasion, dated 4th May, 1814, he says, "we 
' have laid the foundation of a lasting peace; these fron- 
l tiers which had been so long and so often infested by the 
savages, we have conquered." It is material to remem 
? ber this date and the admitted state of the country, be- 
cause, we think, it has an important bearing, upon 
the case of the unfortunate "six militia men," which 
we will now proceed to examine. John Harris, a 
Baptist preacher, in Tennessee, and the father of a 
family, engaged himself to go out as a substitute, 
for one Sharrill, who was drafted to serve a tour of 
garrison duty at Fort Jackson, in the Creek nation 
He was mustered on the 20th of June, when his 
term of service commenced. He continued in the 
faithful discharge of his duty until the 19th Septem- 
ber, when, as he supposed, his time of service had 
expired. This opinion he had formed from the act 
of Congress of 1795, which provides "that no mili 
tia man shall be compelled to serve more than three 
months in one year." He had also been told, by his 
officers, that the period of his legal service was up 
On the 19th September, then, he began to make ar 
rangements for his return home to his family; and 
that his journey through the wilderness, might be 
more secure and comfortable, he endeavoured to as 
certain who, of his companions, in the same circum 
stances, would accompany him; and at their request, 
wrote down their names. Having returned his gun 
to the captain, and taken a receipt for it, he set out 
for Tennessee, on the next day, with a number ofl 
others, whose time had also expired. By order of 
Gen. Jackson (who was now in the regular service, 
having been appointed about the 31st of May) they 
were pursued by a party of soldiers — were dragged 
from their families — taken back to Mobile, and put 
in irons. They liy in that situation, unti 1 the 6th 
December (nearly two mouths and an half after the 
alledged offences were committed) and were then 
tried by a court martial and condemned. The pro 
ceedings of the court remained before the command 
ing General, Jackson, until the 22d January, 1815, 
when he ordered Harris and five of his associates to 
be shot to death, within four days; and the wretch- 
ed men were EXECUTED accordingly. In this 
awful case of military infliction, there are many 
things to excite the deep sympathy, and to awaken 
the scrutiny of a free and feeling people. A great 
portion of our citizens are militia men, and in some 
possible contingency, might be placed in the situa- 
tion of Harris and his unfortunate companions. It 
is very* important, therefore, to know whether they 
can be put to death, in a summary manner, for as 
serting their right, according to their own apprehen 
sion. In the case before us, there is not a doubt but 
that Harris and his associates firmly believed that 
their time was up, and that they were free to go 
Admitting; that they were mistaken in this, wha-t was 
the necessity that induced the General to make this 
bloody sacrifice to violated discipline? Was it for the 
sake of example? Why then were they not brought 
to trial immediately, instead of keeping them in irons 
for more than two months? And even after trial, 
why was the or.dej of execution withheld \vntil the 



22d of January, nearly a month after the treaty of 
peace was signed? Again, we would ask, why,- 
when the case allowed so great delay, the'proceed- 
ings of the court were not transmitted to the presi- 
dent of the United States, for his decision? The 
65th art. of the ' ; i ules" for the government of the ar- 
mies, &c. provides, that no "sentence of a general 
court martial in time of peace, extending to the lots of 
life. S?c. shall be carried into execution until after the 
icliolc proceedings shall have been transmitted to the at 
cretury of war ,to be laid before the president of the IT. 
States, for his confirmation or disapproval and orders in 
tlie case." iNow, although sometimes, the necessity 
for example may be so pressing and urgent, in time 
of war, that it would be dangerous to wait for the 
decision of the President, yet that cannot be assert- 
ed in this instance, and the trials of Harris and the 
others, were fairly within the scope and spirit of the 
provision. But in fact they were within the very 
letter of it also. Observe that General Jackson ad- 
mits, in his statement to Mr. Owens, that these 
men were drafted to garrison the country conquered 
from the Creek*. Now, that war, we have already 
shewn, was at an end, at all events, in May, 1814, 
and a treaty was actually made on the 9th of August 
following. 

At the time then, cf Harris' alleged offence in 
September, 1814, the country, so far as respected 
that portion of the military force, was in a state of 
peace. It will not do to object, because we were at 
war still with Great Britain, that, therefore, the pro- 
vision of the 65th article will not apply; because, by 
entering into a separate treaty with the Indians, we 
admitted that they were not connected, or in com- 
mon cause with the other enemy. The country must 
regret, that General Jackson did not pursue the 
course which the wisdom and humanity of congress 
intended. If he had forwarded these proceedings 
to the president, Harris and his miserable compan- 
ions, in suffering and death, might yet have been 
happy husbands and fathers — and honest, useful ci- 
tizens. The policy of our government hay always 
jbeen opposed to the severe application of military 
justice; and accordingly we find, on the 17th of 
June, 1814, president Madison issued his proclama- 
tion, granting a full pardon to all deserters, whe 
jshould surrender within three months. But our sor- 
row for the unhappy transaction is greatly heighten- 
!ed, when we come to examine the true nature of the 
jcase, as it respects their guilt or innoeence, upon the 
jlaw and the faeis as now developed. We believe 
there was no evidence sufficient to convict them of 
an offence even against municipal law; but that is 
immaterial in the present inquiry Were they charge- 
able with any thing contrary to the rules and articles 
of war ? Or were they subject to the jurisdiction of 
a military court? We answer in the negative to 
both these points; but, to avoid prolixity, we shall 
confine ourselves to the last. The question occurs, 
then, were they regularly in the service of the Unit- 
ed States, when the alleged offence was committed? 
If they were not, the controversy is at an end, for it 
will not be pretended that as citizens they could bo 
subject to a military tribunal, lor the matters alleg- 
ed against them. 

We have already noticed theact of 1795, limiting 
the term of service of the militia to three months. 
By an act, passed the 18th April, 1814, it is declar- 
ed "that the militia, when called into the service of 
the U. States, by virtue of the before recited act, 
(Feb, 28th, 1795,) may, if in the opinion of the presjr. 
•lent the piihlic intcrcc-t r^uiws if. be Cp'mpellgd to 



serve for a term not exceeding 6 months, alter their 
arrival at the place of rendezvous, in any one year." 
Gen. Jackson alleges, that these men were drafted 
under this act, for six months; but surely it is neces 
sary to show us in order to sustain this position, that 
the president had so ordered. This had not been 
done; and on the contrary it now appears that the 
only authority from the war department which' in 
any event could have warranted the draft, was issu- 
ed by secretary Armstrong, on the 11th January. 
1814, and evidently under the act of 10th of April, 
1812. This last law, however, had expired by its 
own limitation before the requisition was made. To 
allege that the call was in pursuance of the act of 
18th April, 1814, is at once to admit that there was 
no shadow of authority for it, as the order of the se- 
cretary is dated more than three months before that 
act passed: and if it is conceded that it was intended 
to be under the act of 1812, (as the requisition of 
the war department really was) then it is not sustain 
ed, because the draft was made after that law had 
expired. The order of Gen. Armstrong, therefore, 
could have subsisting relation only to the act ol 
1795, which limits the term of service to three 
months, as we have shown. Besides we do not see 
any exigency, to make a longer draft at all necessa- 
ry. But to put the matter at rest, we allege, and un 
dertake to prove that these men were not called into 
the service of the U. S. by any direct requisition of the 
president, and, therefore, any pretence that they 
were bound to serve for six months is altogether un- 
founded. In the first place, we observe that, allho' 
this affair has been agitated for several months, and 
General Jackson has been writing on the. subject, in 
a manner that shows his feelings to be strongly ex- 
cited, yet he has furnished to his friends no evidence 
that the war department ever ordered the draft as itwas 
made. This negative proof, when the "onus pro- 
bandi," lies upon the accused, might be suflicient. 
We, however, adduce positive testimony, that Gen 
Jackson himself directed the draft, without refer- 
ence to any requisition from the president. By ; 
proclamation, issued from '-head quarters, Nash 
ville, May 24, 1814," and signed by him as "major 
"general, commanding 2d division of Tennessee mi 
"litia," he announces, "the happy termination of the 
"Creek war," and that "good policy requires, that 
"the territory conquered should be garrisoned," S,-c. 
fyc. He then adds, "the brigadier generals or ofli- 
"cers commanding the 4th, 5th, 6th, 7th and 9th 
"brigades, of 2d division, will forthwith furnish, from 
"their brigades, respectivel)' , by drafts or voluntary 
"enlistment, two hundred men, with two captains, 
"two first, two second, and two third lieutenants.and 
"two ensigns, well armed and equipped for active 
"service; to be rendezvoused at Fayetteville, Lin 
"coin county, in the state of Tennessee, on the 20th 
"June next," &c. At this time Gen. Jackson be- 
longed to the militia, and acted under the order of 
Gov. Blount, of May 20, 1814. He was not in the. ser- 
vice of the U. S., nor under the orders of the presi- 
dent, until he was appointed a brevet Maj. General. 
in the room of Gen. Harrison, about the last of May. 
Harris and his comrades were part of the 1000 men. 
that were thus mustered ''into the service of the U 
S. for 6 months." But Gen, Jackson says, the court 
found that they "were legally in the service." This 
suggestion is too absurd; it is a«#ording to the pro- 
verb, "catching at straws." It was not a part of the 
enquiry before the court; the very fact of the men 
being brought before a military tribunal seemed to! 
put the matter out of question. But if the court /nv/' 



even decided so, it would make the case no better 
for the General, bee. '.use he knew that they were not; 
he knew that neither he or Gov. Blount, had power 
to draft men into the service of the United States, at 
pleasure, contrary to law. An attempt has been 
made, by Mr. Duff Green (editor of the U. S. Tele- 
graph, at the city of Washington) who calls himself 
the 'organ," of the friends of Gen. Jackson, to im- 
pose upon the public in relation to this affair, in a 
manner that evinces quite as much effrontery as in- 
genuity He admits that no order of the president ex- 
isted to render the draft for six months legal under 
the act of 18th April 1814, but says that "in no case 
j where the militia were called into service, under the 
act of 1812. did the president issue such an order, 
and that in all cases, where the call was not limited 
to a less term, the militia were mustered for six 
months." In this we agree, and if Mr Duff Green, 
had been so far influenced by truth and candor as to 
have added the 9th section of the law of 1812, under 
which he intimates these six militia men were called 
out, we should not have been under the painful ne- 
cessity of exposing his artifice, ft reads in these 
words, "And he it further enacted, That this act 
shall continue and be in force for the term of two 
years from the passing thereof, and no longer." 
This law was passed on the 10th of April, 1812, and 
consequently had expired by its own limitation on 
the 10//j April, 1814, more than two months before 
the six militia men were mustered into the service. 
Such is the miserable subterfuge that the friends 
of Gen. Jackson are driven to in this desperate case. 
They dare not meet the truth, and .are compelled to 
lattempt a deceptive defence by mutilating an obso- 
j lete act of congress, that has no more to do with the 
matter than a law of the Medes and Persians. As 
well might they endeavor to sustain him by adverting 
to similar provisions in the acts of 18th April, 1806, 
and 30lh March, 1808, both of which were limited to 
two years, and had accordingly expired. (See Duane 
&.Wrightman*s edition of the laws of the U. Slates, 
4th vol. page 158, 407.) The fact is that in June, 
1814, there was no law authorising the draft, but the, 
act of 1795, already referred to, which limited the 
term of service to three months, and the act of 18th 
April, 1814, which enabled the president, as already 
stated, to extend the time by a special order to six 
months, if, "in his opinion," the "public interest re- 
j quired it." (See laws U. S. 4th vol page 703.) It i3 
[admitted that no such order trtfs ever given; nor indeed 
does it appear that the government bad any know- 
ledge of the draft. Gen Jackson, as we have alrea- 
dy shewn, returned to Nashville, on the 14th May, 
1814, and his requisition on the brigadiers was on 
the 24th, only ten days after. In this interval, it is 
impossible that he could have communicated with 
the president on the subject. That no other law 
was in existence, which could have any bearing up- 
on the case, is proved by the requisition made by the 
secretary at war, on the governors of the different 
states, an the 4th of July, 1814, which refers ex- 
pressly to the acts of 28th February, 1705. and the 
18th April, 1814. Not a word is said in this requi- 
sition, about six months service. The quota of Ten- 
nessee is thus stated: "Tennessee — 2 regiments and 
1 battalion, viz: 2500 infantry; total 2500. Gene- 
ral staff— 1 Brig. Gen. 1 assistant deputy Quarter 
Master General, 1 assistant Adjutant Ge.neial " The 
vain device that has been employed to shelter the 
conduct of General Jackson, in this horrible affair 
from public indignation, thus disappears before the 
light of truth and the force of evidence. Not a doubt 



Jiangs over the transaction. The unhappy six mili- 
tia men were never legally in the service of ihe U. 
S. for six mouths, because not drafted by any requi- 
sition from the war department/or that period The 
order of General Armstrong fixed no time, and hav- 
ing relation to the act of 1812, of course died with it, 
at least so far as respected any power to extend the 
draft. They could not have been called out for 
more than three months, without an express order 
from the president, which it is admitted was not 
made. They were mustered into the service for six 
months, by General Jackson himself, who had no 
more power to enlarge the time <han any private 
man in the nation. On the 20th Sept., they were 
by the law of t he country, free to return home, and 
no man had a right to prevent them. We challenge 
contradiction to this statement, — no one who examines 
can deny the facts we have asserted, and we hope a 
regard to reputation will induce a little calm reflec- 
tion and enquiry before the imputation of "falsehood" 
i* hazarded again upon the authority of Mr. DufV 
Green. There is another thing in this business, per- 
haps as inexcusable, because it shows a total disre- 
gard of too, in a matter fully within the pretensions 
of General Jackson, as a commander. By the arti- 
cles of war, a case affecting life can only be tried by 
a general court martial, which may consist of any 
"number of commissioned officers homjive to thir- 
teen inclusively; hut they shall not consist of less than 
thirteen when that number can be convened without 
manifest injury to the service.' 1 We refer to articles 
87 and 64. Hr.rris might have been tried before a 
full court, for there was no hurry in his case; and be- 
sides, by article 80, when there arc not enough of of- 
ficers at a post, the party accused, and witnesses, 
may he conveyed to the nearest detachment, where 
a sufficient Dumber can be had — Notwithstanding 
all this, the wretched militia men were tried by three 
members and two sapernumeraries, the number 
forming a regimental court, which, by article tJT, is 
expressly prohibited from taking cognizance of capital 
cases. We refer to the report of Ihe trial of Harris, 
. as certified by Andrew Donaldson, the. nephew of 
Jackson. It is. to be sure, now said, upon the autho- 
rity of the "Nashville Committee," that the court 
consisted of Jive members, and they alledge mistake 
in their former publication Whether the word of 
men can lie taken, who have been guilty of so much 
misrepresentation and artifice as these friends of the 
general, we leave the public to decide. We ask you 
to examine (heir publications and judge oftheir con- 
sistency and candor. They admit that the govern- 
or of Tennessee had no power to order the draft for 
six months, but to evade the question they attempt 
to deceive by prefixing, a section of the act of Apiil, 
1814 without giving its date, to the order of the se- 
cretary of war, issued in January, (more than three 
months before its passage) with a view to induce a! 
belief that they were connected — and that the requi j 
sition had reference to that law — They have had 
the boldness to assert, in the face oj evidence, which.) 
they themselves have published, that Harris was; 
found guilty of mutiny, robbery, desertion, Q-c. — ' 
They have endeavored to bring their hero within the' 
protection of the law, (as they know it to bej by al- 
leging for the first time, that the offence was com- 
mitted before the three months service expired, when 
in fact the officer who was the witness against Har-j 
ris, according to their own report of the trial, declar-: 
ed that he had "behaved well as usual until the evening 
of the 19th Sept." With these prevarications and dis> ' 
repaneies— and many others we could point out-* 



we leave you to say whether they ought to have im- 
plicit credit for any statement they may choose, to 
make, as exigencies in their case occur. 

Feliow citizens, we ask your serious reflection to 
this awful, melancholy catastrophe. The soil of the 
country is stained with innocent blood, for if these 
wretched sufferers were not legally in the service, 
the specifications do not set forth any matter which 
ought to have put them on their defence. Six free- 
men, connected by dear relative and social ties, in 
the enjoyment of domestic happiness and in the 
peaceful pursuit of honest industry, left their fami- 
lies and their firesides, at the call of Gen. Jackson, 
whom thev supposed to have authority. They faith- 
fully discharged their duty, during the whole period 
that, by the statute book/they could be compelled 
to serve. At the end oftheir time, conceiving that 
the law, and not the arbitrary ivill of any individual, 
determined their rights and obligations, they return- 
ed to their homes, without violence, with the know- 
ledge of their officers, and with the approbation of 
some of them. For this pretended offence, they were 
seized by military force in the face of municipal au- 
thority- -in the heart of the country, where a civil 
magistracy was in the exercise of its functions— were 
carried off— ignominiously ironed as felons-— and af- 
ter a long confinement, and a mockery of trial before 
an illegal tribunal, were, by order of Gen. Jackson, 
shot to death. _ # 

We leave this case with you. If the opinions and 
feelings of an enlightened people can sustain such fla- 
grant'violations oflaw--such reckless indifference to 
human suffering—such wanton destruction of human 
life- -there is an end of our boasted liberty, and iron 
handed despotism may chain us down at pleasure. 
John Harris was, perhaps, an obscure person, though 
a preacher of that divne Saviour, who said, "Blessed 
are the merciful for they shall obtain 'mercy." Pos- 
sibly when General Jackson issued the order lor his 
execution, he considered it a matter of trivial im- 
portance. But yon will say, fellow-citizens, whether 
the life of a husband aud'fahcrh of little value. — 
Bring the case home to yourselves; your wives, your 
infants, your friends, your neighbors realize the an- 
guish of 'widowed hearts, and the cries of the desti- 
tute oiphaiis---rwid then exercise your elective fran- 
chise in the way that humanity} justice, reason and 
safely shall dictate. 

We will pass over some intermediate incidents 
with but slight notice. The embargo, imposed upon 
the ports of Mississippi, Mobile, &c. although as- 
sumptions of sovereignty, may possibly admit of jus- 
tification, under the sweeping plea of "necessity;" 
and, perhaps} the same may be said of the entry in- 
to Ptmsacola. a neutral place, "stvord in hand." We 
shall not stop to enquire; hut proceed to the scene 
of general Jackson's most splendid achievement. 
"JYeio Orleans," we know has become almost a talis- 
manick word; and has been used, indeed, with ex- 
traordinary success. It seems, with many, as if their 
sense of national glory, their military pride, their 
gratitude for distinguished services, all had reference 
To that brilliant defence. We would not pluck a leaf 
from the general's lamel crown, and shall not, there- 
fore, quarrel with his devoted Friends about it: but^ 
we certainly never did see in that affair, either as U 
its consequences or the tactics displayed, any thin/ 
which ought to throw in the shade the victory 
gallant Perry— which, we conceive, was vastly nq 
important, indeed, to the nation. We might say 
same, also, for that of commodore MTJonough—^ 
perhaps, even the battle of "Bridgewaler." J*C- 



<-;- 



vnotwr Wisioess^t pnesenfc "trf make enquiry VntottWe shall now proceed to show that tfiese ••rules' 
comparative, merit— -all we ask is that our fellow-cit- were 'rigidly enforce.].' In o>der to avoid contro- 



izens would look steadily through the blaze of glory, 
which they have thrown around the "hero," and view 
with impartiality the man— The first tremendous 
display of military power at IScw Orleans, was the 
proclamation of "martial law," on the 16th Decern 
ber, 1814, by which the city and environs were plac- 
ed under the following rules, viz: — ''Every individ- 
ual entering the city Will report at the adjutant gen 
eral's office, and on failure, to be arrested and 
held for examination." "No person shall leave the 
city without permission in writing: signed by the gen 
eral or one of his staff." "The street lamps shall be 
extinguished at the hour of nine at night, after which 
time persons of every description, found in the 

STREETS, OR NOT AT THEIR RESPECTIVE HOMES, With 

out permission in writing: as aforesaid, and not hav- 
ing the coCNTERsiGN,sha!l be apprehended as SP1ESJ 
and held for examination." &,c. — To the citizens of 
this free republic, who have been accustomed to 
took to the statute hook and the decisions of civili 
courts for the determination of their duties and ob 
ligations, and who have had no other fear, than that 1 
of a sheriff and constable before their eyes, these! 
■"rules" may seem very strict, and, perhaps they may 
fee curious to know by what code the tresspassers 
were fo be adjudged. " They will be astonished to 
learn that the mere v.mi.t. of the commanding gen- 
eral was the arbiter of fate. Chains and death fol- 
lowed his decree. Bat as we shall have occasion 
hereafter to speak of "martial law," it may be well 
enough to ascertain what it is. — We will give the 
definition in the words of sir Matthew Hale: "Mar- 
tial law is in reality mo law, but something indulged 
rather than allowed as law. The necessity of ohder, 
and discipline in an ahmy is the only thing: that can 
give it countenance; and, therefore, it ought not to 
be permitted in time of peace when the courts are 
open for all persons to receive justice according 
to the laws of the land." It is the absolute power 
which a commander in chief uses over the soldiery. 
This dangerous authority has only relation to the go- 
vernment of the army; it has no operation upon the 
citizens, to whom the ordinary administration of mu- 
nicipal jurisprudence is accessible. Jl country can 
never be placed under martial law, because it can- 
not he entirely occupied as a camp; nor can a city. 
unless it is, also, a garrison. General Jackson, by 
his overwhelming decree, annihilated the sovereign- 
ty of Louisiana: he extinguished the legislative and 
judicial functions of the government, and of course 
nothing: was left. This was his intention, as deelar 
ed in his reply to an address of the citizens. He 
says, martial law. "while it existed, necessarily sus- 
pended all rights and privileges inconsistent with its 
provision:" and l.e afterwards speaks of having "re- 
stored the civil poiver to its usual functions;" thus ad- 
mitting that they had been for a time destroyed. 
What then was the situation of the people? Why 
that of slaves; as completely so as arbitrary will and 
despotic powe* could make them. They were lia 
ble to be {'apprehended," condemned by a military 
court, and shot, without judge or jury — without re- 
medy or appeal; and this too, not merely for offences 
defined in the articles of war. New crimes are cre- 
ated and undefined penalties denounced. He cstab 
lishes a "curfew," and by an unaccountable perver- 
sion, declares that all persons found from home after 
f» o'clock shall be seized as "spies,"' and of course 
dealt with under Hie ''second section," which ex- 
Rceasly relates only to those who are 'hot citizens. 1 



versy, however, we will agree that all acts, done un- 
der this tremendous system, prior fo the news of 
peace, shall be covered by the plea of 'necessity.' — 
Let us then come fo that period. O;: the I9th of 
February, 1815, general Jackson announced that a 
flag ship had arrived with news that the treaty had 
been signed on the 24th December, at Ghent. This 
intelligence the editor of the Louisiana Gazette, gave 
to the public on the 21st of February; and on the 
same day his printing: establishment was put under 
'martial law,' and he was prohibited from publishing 
any thing on the subject, unless he had 'permission 
from the proper source.' On the 28th February, the 
consul of France, and many French subjects, were 
banished, because they refused to remain in the 
ranks as soldiers, considering the war at an end. 
"The existence" of martial law was reiterated on the 
4th of March, and the "second section" published 
"by command." On the next day the general is- 
sued his order, reciting the decree of banishment, 
and enjoining all officers and soldiers to arrest the 
persons described therein, and confine them. A 
messenger from Washington, who was sent with des> 
patches relative to the peace, arrived at N. Orleans 
on the 7th March, and on the next day Gen. Jack- 
son, upon the request of a number of officers and sol- 
diers, directed his order of banishment to be sus- 
pended, "except so far as the same relates to the che- 
valier de Tousard, who is not to be permitted to come 
within the lines of the camp or fortifications without 
special permission." Here then was "martial law ri- 
gidly enforced" in the case of this unfortunate gen- 
tleman, (the friend and former associate of our be- 
loved Lafayette) after the general was informed of 
the peace by his own government. But this was not 
the only case A letter from N. Orleans, dated 10th 
March, published in a New York paper at the time, 
shews the situation of things as then existing. It 
states "that martial law still prevailed there,notwith- 
standing the commanding general had been in the 
possession of the news of peace for several days. The 
district judge and district attorney had both been ar- 
rested by a military guard and marched off to head 
quarters, for having issued a habeas corpus, to release 
from confinement a citizen of New Orleans, who 
was about to be tried by a "military court martial, 
for "having written and published a paragraph which 
did not meet the approbation of the General. Ano- 
ther Judgje of one of the courts having attempted to 
interfere for the release of his brother Judge, shared 
a similar fate." The letter-writer goes on to state, 
"that all was fear and dismay— no one could tell 
whose turn it would be next to fall under the displea- 
sure of those exercising the powers of the govern- 
ment." The evidence which Gen. Jackson himself 
has placed on record abundantly proves that this 
view is not exaggerated. 

The case alluded to, in which the habeas corpusj 
was granted by Judge Hall, was that of Mr. Loual- 
lier, a gentleman of great respectability from Ope- 
lousas, and a member of the legislature, who had 
distinguished himself by his patriotic zeal and pri- 
vate benevolence. After the decisive victory of the 
8lh of January, he considered any further attempts 
of the enemy altogether impossible. General Jack- 
son, also, wrote the Secretary of War on the 19th 
January, "that the enemy had made his last exer- 
tions in that quarter for the season." This gentle- 
man then observed, with astonishment and apprehen- 
sion, the continuance of ' martial law,' without a sha-j 



dowof necessity; and at length the banishment of! 
the French consul and his countrymen, induced him 
to question the propriety of the order. For doing so 
he was arrested by soldiers and confined, to be tried 
by a military court. And for what? Any offence 
defined by the articles of war? Not at all. It was 
in fact for presuming to oppose, by the very mild re- 
monstrance, the overwhelming usurpation, which 
had totally annihilated private rights and placed the 
lives and fortunes of the community at the controui 
of a military chief Fortius, (neiv crime in aland 
which boasts of the liberty of the press,) he was put 
in jeopardy of his life. — While in confinement under 
a guard of soldiers, separated from his family and 
friends, on the 5lh March, 1815, nearly a month and 
a half after the enemy had retreated, (which was pri- 
or to the 21st January, as the General's proclama- 
tion on that day shews,) and more than two weeks 
after the news of peace, the counsel of Mr. Loual- 
lier, applied to the judge of the United States 1 dis- 
trict court for a writ of 'habeas corpus.' This the 
judge was bound by his duty and his oath to grant; 
if he had refused, it would have been a misdemea 
nor, for which he might have been punished. Ac- 
cordingly the writ was allowed, and made returna- 
ble on the. next day. On the same evening, howev- 
er, judge Hall, was forcibly taken from his home, 

Br A PARTY OF SOLDIERS CARRIED TO THE BAR- 
RACKS, and there confined. The clerk of the Gourt, 
R. Claiborne, to whose deposition we refer in proof 
of the facts we now state, called to see him and was 
kefused admittance. On his return to his lodg- 
ings, he was met by a Major Chotard, the general's 
aid, who produced an order from the general, re- 
quiring him to give up the original petition which the 
judge's allowance endorsed. The clerk observed, 
that by a rule of the court, he was not permitted to 
deliver an original paper out of the office; but saidj 
he would go to the general with it. He did so, and; 
the general upon seeing the paper, declared he woultl 
keep it. The clerk objected again, the order of 
court, to which the general replied, he would keep! 
it on his own responsibility, and actually did so. — 
The district attorney, Mr. Dick, applied to judge 
Lewis, for a habeas corpus; to relieve his brother 
judge. Both these gentlemen had fought in the de- 
fence of the city, and judge Lewis had been com- 
mended, in general orders, for his good conduct. — 
^et they were both arrested as traitors, and their 
lives were placed at the peril of a military court. — 
Fellow citizens, these things are true — we challenge 
contradiction of a single fact we have stated. In- 
deed we have not presented them in so strong a 
point of view, against the general, as a more full de- 
velopement of them would have allowed. We aim 
at brevity and condensation, in order that we may! 
be able, in reasonable compass, to show the ground 
we take. Will you now in justice to yourselves and^ 
your children and in candor to us, give your calmj 
reflection to the principles and consequences of the! 
transactions we have disclosed? If you do, we ven-, 
ture to say you will be convinced, that never was 
greater usurpation and tyranny committed in a conn-; 
try boasting of laws and liberty. We know that the, in authority exceeds the. pon Vr given him by the law 



lance of General Jackson, never could discover 
(hem. Not a single individual was ever convicted 
of such a crime; nor is the name of one upon record. 
On the contrary, never was there more devoted zeal, 
more bravery and unanimity than was displayed by 
thecitizens generally- But take the testimony of 
General Jackson himself. In his letter to the mayor 
of New Orleans, dated January 27, 1815, he says, 
"I pray you now, sir, to communicate to the inhabi- 
tants of your respectable city, the exalted sense 
I entertain of their patriotism, lovej>f order, and 

ATTACHMENT to the PRINCIPLES of OUT EXCELLENT 

constitution." Yet over such a people it was neces- 
sary to duclare and enforce martial law — treating 
those citizens, for whom he expresses so high on o- 
pinion, as 'spies, 1 if seen in the streets after 9 o'clock 
at night. Let us, however, hear the general further 
— "Seldom in any community has so much cause 
been given for deserved praise; while the young 
men were in the field arresting the progress of the 
foe, the aged watched over the city and preserved 
its interal peace; and even the softer sex encourag- 
ed their husbands and brothers to remain at the 
post of danger and duty." This then was his deli- 
berate opinion at a time when, if there had been 
treachery, its effects must have been experienced; 
for it was three weeks after the battle, and ten days at 
least, after the enemy had retreated. Where, we ask, 
is the eandor, and where is the justice of those who 
would charge treason against the people oi New Or- 
leans, in order to cover from public view, the errors 
of their favorite 'hero?' We cajj, again, for any evi- 
dence that ever even a single individual was guilty 
of the foul crime, which is now imputed to the Le- 
gislature and people of Louisiana. Will the case of 
Louallier be relied upon? Is the publication of a 
paragraph, in a newspaper, to be called treason to 
the state because offensive to the pride of the ge- 
neral? This would be to rivive the 'crimen loesae 
magistatis,' in ail its terrors and with a new aspect. 
But Louallier was not convicted of any offence des- 
cribed either in the articles of war or in the gene- 
ral's 'rules: He was tried by a court martial, the 
members of which, fortunately, had independence 
and virtue enough to acquit him honorably of every 
charge. We may then assert that he was innocent, 
for the general's own tribunal so decided. Yet for 
allowing a writ of habeas corpus to this injured man, 
judge Hall was 'shopped,'' according to the general's 
jocose but emphatic expression to the marshal; when 
the district attorney attempted his relief, he shared 
the same fate; and an order was issued to arrest 
judge Lewis, because he had been applied to for an- 
other writ. Louallier, too, although acquitted, 
was continued in confinement for some lime longer. 
Allow us now to present you a definition or two 
from a celebrated writer on government, Mr. Locke, 
and we will then attempt to draw the conclusion, 
which, we think, the facts a( A '•ircumstances fairly 
warrant. "Usurpation is t\ t ie of a power 

to which another bath a right. Tyranny is the ex- 
ercise of a power to which nobody can have a right.' 
Wherever law ends, tyranny begins: and whoever 



partisans of General Jackson defend his outrageous! 



— and makes use of the force under his command to 



proceedings, by the usual plea for the exercise of ar-'j compass that which the law allows not," is a tyrant. 
bitrary power— 'necessity: They say that the people. Apply these definitions to the transactions we have 
of New Orleans were disaffected, and the legislature 
traitorous, that the inhabitants were in correspon- 
dence with the British, &c. &c. It is possible there 
may have heen persons who would have sold their 
country for gold, but if there were, even the vigi- 



been examining and form your deliberate judgment 
as to the character of general Jackson's public con- 
duct. We allege that he has usurped the powers of 
tiie executive and legislative branches of the govern- 
ment; and that he has used the powers, thus assum- 



I 



ed. tyrannically. We assert that he Las infringed! elation of his reason for "shopping his honor, and sjjs 



the constitution, disregarded the laws and violated 
the private rights and personal safety of the citizens 
Th nccs are subrnittcid: 

In the case of the 'six militia men,' we say that the 
5ti, ai iicli ;t lue ^amendments' of Hie. constitution of 
the United States was infringed, by calling them to 
answer for a 'capital crime,' without 'indictment of 
a grand jury,' when they were not in actual service. 
neither was it *in time of war or public danger,' and 
in having 'deprived them' of life 'without due pro 
cess of law.' The articles of war were disregarded 
in the particulars we before noticed. We have waiv- 
ed any discussion, at present, as to the right to de 
clare martial law during actual hostilities, so far as 
the discipline of the army was concerned, but we as 
jert that the continuation of it one day after the ne 
cessity ceased, waj an infringement t>f'oor free in- 
stitutions and rights -was tota.ily illegal and tyranni- 
cal, The 1st article ofthe'amendments' was violat- 
ed by abridging the freedom of (lis press.and putting 
it under a military censorship*. This was tyranny 
also, according to our definition; for it was 'exercis 
ing a power to which nobody, (not even Congress) 
can have a right. But the great barrier of the po 
litical safety of the citizen was broken down in the 
case of Loualiier and the judges. The 9th sectior, 
©f the 1st article of the constitution, which limits the 
powers of Congress, declares that "the privilege of 
the writ of habeas corpus shall not be suspended, un- 
less when in cases of rebellion or invasion the public 
safety may require it.' Tberigbt to this writ, which 
is the only security we have against the exercise Of 
arbitrary power, was in this instance entirely taken 
away, and under, the extraordinary and violent cir- 
cumstances we ha'e mentioned The office papers 
were illegally withheld from the clerk, and the judge 
was forcibly dragged away and imprisoned. We de- 
ny that under the constitution, even congress, in this 
instance, could have suspended the writ. Peace was 
made, there was neither i rehUliciri > nor 'uivrts/oV — 
nor did the 'public safety require it.' Gen- Jackson, 
however, by military force, defeated the right in the 
particular case, and in order to prevent the further 
interference of the judge with his proceed ing, 'shop- 
ped /hot,' as he said. Nov,- in what situation were 
the people of New Orleans? General Jackson might 
have imprisoned hundreds of them and have taken 
their property without the possibility of their hav- 
ing legal redress. The only remedy would have 
been an appeal to physical force, and even then he 
would have had the advantage, with a disciplined ar 
my and the means of war. It is impossible, we think, 
for those who have candidly examined the facts, not 
to believe that general Jackson was influenced, in 
■Louallier's case, by feelings of resentment, operat- 
ing upon a naturaily overhearing and violent torn 
per. In the written defence which he offered, in the 
proceeding against him for these oppressive and ille- 
gal measures, he says, 'To have silently looked on 
such an offence (meaning the offence of Loualiier, 
which in the opinion of the court martial was no of 
fence at all) without making an attempt to punish it, 
would have been a formal surrender «Vc. of all per- 
sonal DittNiTV," $-c. And immediately after, he in-| 
timates his own apprehension, that the party Was] 
not the subject of any criminal proceeding, either 



pending', as he says, 'the exercise of this judicial 
power, viz. the habeas corpus. Here then, by his 
own shewing, he has exercised a power, that, in a- 
vent, can only belong to congress, which is usur- 
pation — and he has exercised a power against law, 
and oppressively, that under the existing circumstan- 
ces, not even congress could exercise; which is Ty- 
ranny. We regret that our limits will not permit a 
full developement of the case of the much injured 
Loualiier. He fell a victim, we have no doubt, to 
the stand he made for the rights of his fellow citi- 
zens. As a member of the legislature, he opposed 
the suspension of the habeas corpus act, believing 
that no necessity existed to warrant such a tremen- 
dous measure: — a measure which annihilated the on- 
ly security of the citizen, and placed him, alike with 
the soldier, at the absolute control of the command- 
ing general. This was his first offence; but when gal- 
lant Frenchmen, who had fought bravely on the 
lines, in the battle of the 8th January, and some ef 
them the very men who had directed the artillery oo 
that memorable day, with such tremendous effect a- 
jiainst the enemy, were banished, because they were 
anxious to return to their families after the war was 
at an end, be drew upon himself the wrath of the 
general by urging a mild remonstrance. Could we 
jpresent tbo case of these proscribed gentlemen also, it 
j would appear to be one of great vexation and hard- 
ship. The whole population, capable of bearing 
;arms, had turned out to defend the city. The inhab- 
itants ofN. Orleans, and those persons in the num- 
ber, composed the 1st and 2d regiments. After the 
enemy had retreated, it seemed reasonable that those 
!nho had families in the city would have been permit- 
ted to have returned; yet it is an extraordinary fnci, 
that Gen. Jackson ordered the 1st and °2d regiments 
to remain at Villere's farm, and marched his regu- 
lars and foreign militia into the city. Any man can 
appreciate their feelings. Husbands, brothers and 
fathers were thus compelled to leave their wives, sis- 
ters and daughters to the doubtful protection of 
strangers, while they were, compelled to remain in 
the field, by severe discipline, the propriety, justice 
or necessity of which they could not perceive. But 
we must pass en, requesting you, fellow-citizens, to 
put this question to yourselves after reviewing the 
facts: Suppose General Jackson should bo elected 
President and commander- in chief of the army and 
navy and of the militia when in actual service; sup- 
pose he should by means of the military spirit that 
prevails, get the nation into a War: Suppose he 
should declare 'martial law,' and under pretence that 
Hie members rsf Congress were disaffected, should put 
them under arrest and 'shop' the Judges — pray what 
kind of government would you have? Observe that 
this is not an impossible case, for the same powers 
that he exercised at New Orleans, he might exercise 
at Washington city, or Washington, Pennsylvania. 
In examining further the public acts of general Jack- 
son, we shall develope the same usurpation of the 
powers of government- -the same disregard of law, 
and the same tyranny orer the private rights of in- 
dividuals. During the year 1S17, some disturban- 
ces existed between the frontier settlers of Georgia 
and the Indian tribes. It would be useless to en- 
quire, where the fault lay, were it not that we think 



under the articles of war or his own 'rules'— for he 'he public mind has been misled on the subject, and 
says, (speaking ofthe judgeVan unbending sense ofM»any violent proceedings of general Jackson have 
what he seemed to think the conduct, which his esta- [heen tolerated by the prejudices of the people against 
tion require.!, might have induced him to order thef these savages. We believe they have been "more 
Iteration of the prisoner,' &c. This was the foqn :|sinned against than sinning," and that if the truth 



was known, it would app'e'ap that there never was a 
more oppressed race of men. All the violations of 
law— all the outrages against humanity that were 
committed during the quasi war, have been justified 
Under the plea of 'rddsalivn;' 1 &n& the murders of 
the savages have been placed in detail before the na 
tion, to shock the feelings and inflame the passions 
of the people. Let us look, however, at the other 
side, and if we take the testimony of one of our own 
witnesses, we were the aggressors: — Governor Mit- 
chell, of Georgia, examined before a com rmttee of 
the senate. 9ijrs,*the peace of the frontier has been 
disturbed by acts of violence committed by the white* 
as well as by Indians.' 'These acts were increased 
$*c. by a set of lawless and abandoned characters, 
(whites) who had taken refuge on both siJes of St. 
Mary's river, and living principally by plunder.' 'I 
believe the first outrage committed on the frontier of 
Georgia, after the treaty of Fort Jackson, was by 
a party of these banditti, who plundered a party of 
Seminole Indians, on their way to Georgia, for the 
purpose of trade, and killing one of them. This pro- 
dueed retaliation on the part of the Indians, and 
hence the killing of Mrs. Ganetand her child!' — Af 
forwards he says, 'Gen. Gaines, arrived with a de- 
tachment from the west — sent for the chief of Fowl- 
town — aud for his contumacy in not immediately 
appearing before him, the town was attacked and 
destroyed by the troops of the United States. This 
fact was, I conceive, the immediate cause of the Se 
minole war.' 

Seon after the affair at Fowltown, Lieut. Scott 
and his party were attacked, and fell victims to the 
rage of the savages. — The matter now hecp.rae seri- 
ous, and general Jackson was ordered to take the 
field. — He was informed hy the secretary at war, of 
the force at his disposal, viz: — regulars and militia 
1800 men, and was directed, if more became neces 
sary, to apply to the governors of the adjoining states 
4*c. Let us see how general Jackson obeyed this 
order. The governor of Tennessee, was then at 
Nashville, within ten miles of the 'Hermitage,' yet, 
general Jacksen, without deigning to consult him, 
issued his call upon 'the patriotism of West Tennes 
seans,' and in this way, by his own authority, again 
raised an army of 1000 mounted gunmen. He ap 
pointed officers, to command this corps, himself, 
without even reporting to the secretary at war, their 
names. The alarming precedent is before the peo 
pie for their consideration If a general can by such 
means, get at his contr.oul 1000 men, he may 10,000 
or 100,000 and when once in the field, it will be too 
late to enquire into his authority. A court martial, 
composed of officers, thus appointed by himself 
would soon convict of 'mutiny' any refractory stick- 
ler for Caw or constitutional right — as the miserable 
six militia men fatally experienced. — This formida- 
ble foree, altogether amounting to 3300 men, against 
which, according to colonel Butler's statement, there 
were never 'at any time during the war more than 
5 or 600 enemies embodied at any one place,' it may 
he supposed 'looked down all opposition.' Accord 
inaly, general J.iekson traversed the Creek countn 
and drove the miserable rabble of Indians anri fagi 
tive slaves before him. The war was finally termi- 
nated with the loss of only three killed on our side, 
and two of those at the Farancas. Great number.' 
of cattle, several thousand bushels of corn, and much 
other plunder was obtained. 'Three hundred hous 
©s were consumed — leaving a tract of fertile coun- 
try in ruin.' 

On the 25fh March, general Jackson had issued 



his order to cajpts M'Keever, commanding the naval 
forces in the bay of Appalachicola, to 'cruise along 
the coast eastwardly, and capture and make prison- 
ers of all and every person or description of persons, 
white, red or black, with all their goods, chattels, and 
together with all crafts, vessels, or means of trans- 
portation, by water, $-c. — Against what particular 
jnation, or nations, traversing the, high seas, this 
(sweeping order was intended, does not appear; it 
'would seem from the general terms of it, to be a- 
Jgainst the whole world. If captain M'Keever. had 
'happened to have executed it against the c-itiz< 
iGreat Britain, it would have been a fortunate thing 
Ithat he held the United States commission, or he 
'might have stood a chance for piracy. On tho 6th 
of April, general Jackson, not being able to find an 
enemy within our territory, entered Florida, and 
captured the fortress of St Marks from the Span- 
iards. And here an act was done which stains the 
annals of our country- Two Indian Chiefs, one of 
them a prophet, were 'enticed' (says col. Butler,) 
by hanging out a friendly Hag, on board one of the 
[vessels, and were by the commanding general order- 
ed to he brought on shore and hung. — 'What, hang 
an Indian!!!' Yes, without trial, without proof, with- 
out any legal examination- -they were strung up 
merely for the sake of 'an example.' —This horrible 
act of perfidy und cruelty was done upon ncutralsoil. 
The wretched sufferers were not taken in battle; they 
were rot found in arms against us. They had been in 
l viied to corre among friends, which implied by the 
jlaus of war and the laws of honour a guarantee of 
safety. -If they had heen taken prisoners of war in 
[battle, and their lives had been promised, they could 
'not lawfully have been put to death, even upon the 
principle of retaliation. In this case an assurance 
not only of security but of friendship was held out to 
them; and to violate that pledge was perfidious and 
contrary to the laws of war.— But we shall have oc- 
casion to notice this subject when we come to speak 
of the case of Arburthnot and Ambrister. The first 
of these \infortunate men was found at St • Marks, 
when the place was captured; the other was taken 
some time after in company with Cook, who was 
used as a witness against them.— A special court 
martial composed of IS members, (5 of whom were 
general Jackson's officers,) was appointed to try 
them, en the 26th April, at St. Marks, the captured 
post, within the territory of Spain. We do not 
mean to discuss the question of their guilt or inno- 
jcence, though from a careful examination of the evi- 
dence, we are inclined to think that public feeling has 
'sanctioned their condemnation, more than justice or 
jf he rules of law. Arburthnot ivas found guilty, and 
Isentenced to be hung. Ambrister was also found 
[guilty and sentenced to be shot, but immediately, the 
court reconsidered the case, and finally sentenced 
him to receive 50 stripes and to be" confined with a 
ball and chain. $c. for 19, months. Two questions 
of great importance are presented, which the people 
are now to decide. 1st. Were those persons at all 
amenable to a military tribunal? 2nd. If they were, 
have they been legally executed? On the first point 
let it be observed that they were British subjects, and 
there was no proof that ever they were upon our soil. 
Arhuthnot was condemned for being a spy, but up- 
on what principle we do not see. He merely de- 
railed in a letter to his son, and it would seem for his / 
I idvice and direction only, information, which the , 



' T 



ommai.dant of St. Marks had received, of General, 
ackson's advance and hi? force. Hew this could 
make, him a spy, we cannot conceive. He was als ; 



J 



iO 



charged with encouraging the Indians to hostilities. 
and with furnishing theni ammunition, &.c. Now ad- 
mitting all this to be true,we do notsee how he could 
be held criminally responsible by the laws of war. 
A neutral enemy may join a belligerent, and even 
•fight; this is doing more than encouraging by influ- 
ence or counsel. If taken, he is to be considered a 
prisoner of war and treated according!}'. Such was 
the case of Ambrister. He was charged with bear- 
ing arms against is; and if he did do so. the gallant 
Lafayette and others had left their own country to 
fight on our side, at a time too when Great Britain 
denounced our people as rebels. The Indians are 
not subject to our municipal law: they are indepen- 
dent; with the right of peace and war. A neutral 
joining them does not expose himself to the penal- 
alties of an outlaw or a pirate, as generalJackson as- 
serts in his letter to the Secretary at War. 

The only ground then on which the execution of 
those men could be at all sustained, is that which the 
friends of general Jackson were compelled to take in 
Congress: the principle of retaliation against a sav- 
age enemy, which allows no quarters. This was not 
suggested in the case presented to the court, nor in-' 
deed was it a subject of investigation before any tri- 
bunal, it is a sovereign act of summary infliction 
which a general may exercise upon his own respon- 
sibility. Neither does gen. Jackson in the order for 
their execution put it upon that footing;; nor in his 
letter to the secretary of war on the. 5th 'May, in which 
he says they were tried, "legally convicted," and "just-: 
ly punished;" having reference of course to the pro-j 
ceedings of the court and the charges there exhibited. 
If he had ordered them without any trial, upon the 
alleged facts of their being adherents in arms of the 
enemy, to be shot, upon the principle of retaliation, 
then it might be proper to enquire, 1st. Whether 
they were subject, by the laws of war, to that sum- 
mary infliction? and 2d. If they were, whether gen- 
eral Jackson had power to apply it? We admit that 
retaliation may sometimes be used, in order to emu 
pel an enemy to regard the laws of war. It is a pre- 
ventive remedy, against barbarous and unlawful has 
tility; but it can only be allowed in a state of actual 
war. As the object of it is merely to deter the ene- 
my from acts of cruelty, it is obvious that the mo 
went the contest in at an end, the right of retaliation 
ceases. Punishments. then supervenes, when crimes 
have been committed, which can only be inflicted by 
the tribunals of the country. By the common law 
of England as laid down by Sir Edward Coke, (3d 
Inst: 52,) "if a lieutenant, or other that hath com- 
mission of martial authority, doth in time of pence, 
hang, or otherwise execute anv man by colour of 
martial law, this is murder:' The 5th article of the 
amendments to the constitution, prohibits capital pun 
ishment, unless on indictment, except "in time of 
tear or public danger:'' and the 65th article of "rules, 
4'c." requires the proceedings in any case extending 
to loss of life, in time of peace, to be laid before the 
president, &c. Now let us see how these author- 
ities apply. On the 20th April, ISIS, the very day 
that Arburthnot was put upon his trial, general .lack-! 
son wrote to the secretary at war in these words:-— 
"The Indian forces have been divided and scatter- 
ed; cut off from all communication with those un- 
principled agents of foreign nations, who have delud-l 
ed them to their ruin, they have, not the power, if 
the will remain, of again annoying; our frontier." 

Nothing occurred to change this state, of things' 
before their execution. There was then a state ofj 
peace; the barbarous hostilities, which alone could; 



justify retaliation, had ceased, and the right to in- 
flict death, under that plea, ceased also. We adopt 
the language of an eminent writer on the law of na- 
tions: "The license of war authorises no acts of hos- 
tility but what are necessary and conducive to the 
end and object of the war. Gratuitous barbarity bor- 
rows no excuse from this plea. The danger of in- 
justice by hastily punishing: the tumult and flame of 
war little agrees with the proceedings of pure and 
sound justice: more quiet times are to be waited for. 
It is more wise and safe therefore for a general to 
secure his prisoners, till having restorea tranquility, 
he can havelhem tried according to the laics." Had 
General JacKfcon retained these wretched men in cus- 
tody, until their ease was known to the President, or 
had he even reported the proceedings of the court 
to him, they never would, we believe, have been ex- 
ecuted. He ought to have done so for another rea- 
son — We deny that in any aspect of the case, he 
had power to put prisoners to death upon the plea 
of retaliation. It is a sovereign act, which no subor- 
dinate command can do. In this position we are sus- 
tained, not only by the writers on the laws of na- 
tions, but also by the opinion of respectable men in 
our own country. We refer to the court of enqui- 
ry, with respect to the burning of Dover, in Canada, 
of which General Scott was president; in which pro- 
ceeding it is said, "acts of retaliation on the part of 
a nation proud of its rights, and conscious of the 
power of enforcing them, should be reluctantly re- 
sorted to, and only by instructions from the highest 
authority." Where, we would ask, were general 
Jackson's "instructions?" But can the execution of 
these men be justified upon any principle of law, 
reason or humanity? As it respects Ambrister, we 
assert that it cannot. The order for their execution 
was in these words* "Brevet Major C. W. Fanning, 
&c. will have between the hours of S and 9 A.M., A. 
Arburthnot suspended by the neck with a rope until 
lie i* dead, and Robert C. Ambrister to be shot to 

death, AGREE \FT.Y TO THE SENTENCE OF THE COURT " 

Now we have seen that the first opinion of the court, 
as to the sentence fit Ambrister, was rescinded, and 
the last determination was the only sentence that 
•general Jackson could notice; it was the only sentence 
of the cnuri Yet he undertakes to set that aside, 
and declare operative, one which the court itself an- 
nulled, and which was as completely void as if it had 
never been agitated, The order for execution then 
rests upon no foundation. If general Jackson had 
disapproved of the sentence of the court, he mighthave 
reversed the whole proceeding; and began de novo, 
as he did in the. case of Louallier; but he professes 
to conform to it and yet goes directly contrary. The 
court determined that Ambrister should no! beshot; 
general Jackson orders him to be shot, and says it is 
■ agreeably to Use sentence " Wh it a mockery!!— But 
it is useless to take up time on this point. The com- 
mittee of the senate reported a resolution disapprov- 
ing of the execution of both these men. Some of the 
members who dissented, endeavoured to vindicate 
the general in a Ions; defence; which they offered as 
a substitute. TJ» y admitted, however, that the ex- 
ecution of Ambrister was wrong, but justified him on 
the ground (which he never took himself) that he 
might have put him to death, in "retaliation," with- 
out the interference of a court at all. Whether there 
is not more ingenuity, than justice or candour in 
this, we leave jou to decide. 

We shall not take up your time in examining the 
pretences under which he forcibly seized Florida, a 
neutral country, in opposition to the express, orders 



\ 



i i 



ii 
ci 
lo 
ii 



of the Secretary of war. Our government immedi- 
ately restored the captured places, and thus manifes- 
ted an unequivocal disavowal of the act. The his- 
tory of the transaction, however, will shew that there 
was not the shadow of necessity for this violent at- 
tack upon a friendly power. The facts, which gen- 
eral Jackson alleged, with respect to the Indians, 
were denied by the governor of Pensacola, and no 
proof has been offered to sustain them. It seems 
quite as probable that the general was influenced 
more by a bravado of Don Jose Mas.,:, ...jan by a re 
gard to the peace and honor of his own country 
Fortunately (he prompt reparation, offered by our 
president, was accepted, and thus the nation was 
saved from a war with Europe, into which we might 
have been involved, by this unauthorised invasion of 
neutral territory and neutral rights. — The restora 
tionofthe country was much against the wish of 
general Jackson. In a letter dated August 10, 1818, 
to the secretary at war, he urges the necessity of 
holding the Floridas, and offers to pledge his life 
"upon defending the country from St. Mary's to the 
Barrataire, against all the machinations and attacks oj 
the holy alliance, and combined Europe." If this sin 
gle expression does not furnish evidence of what we 
might expect from a "military president," we do not 
know what will. — But there are some facts connect 
ed with the invasion of Florida and the capture of 
Pensacola, which may possibly throw some light up- 
on the motives of the general's conduct. — It was in 
evidence, before the committee of the senate, that in 
the fall of 1817, several gentlemen of Nashville, (a- 
mong whom were John Donnelson, the nephew of 
the general, and John H. Eaton, his biographer, and 
the same person who figures in a letter lately pub- 
lished,) formed a company, to speculate in lots and 
lands at Pensacola. Mr. Donnelson a3 their agent, 
went on, with authority to make purchases to an a 
mount not exceeding 16,000 dollais; and succeeded 
to his wishes. — Mr. Eaton, in his testimony, says, 
that his "inducement to make this adventure, was, 
that he believed the country would ultimately belong 
to the United States." — It is a singular coincidence, 
considering the intimate relation subsisting between 
the parties, that the speculation is hardly secured by 
deed, &c. until general Jackson advances with an A- 
merican army — invades the country — seizes the 
forts — occupies Pensacola — and then endeavours, 
by influence and arguments, to induce his govern 
inent to retain the conquest, at the expense of jus 
tice, right and tranquility. 

We will not say, that the General was concerned in 
this adventure; but the circumstances are quite as 
strong, to favour that presumption, as those relied 
upon to support the famed charge of bribery, bar 
gain, &.c. of which we have heard so much and so of- 
ten. — Let us now proceed to examine some of tiie 
acts of general Jackson as a civil magistrate and see 
whether the same overbearing violence of temper — 
the same self willed, despotic exercise of povver,have 
not been manifested in his public conduct. — Upon 
the cession of Florida to the United Stales, general 
Jackson was appointed governor of that territory: — 
His own view of the arbitrary authority vested in 
him, appears from his letter to capt. Bel!, dated Au- 
gust IS, 1821, in which he says, "I despatched an 
express, &c. to you with sundry ordinances, which I 
found it necessary to adopt for the better organiza- 
tion of the Floridas.' 1 — "The constitution of Spain, 
providing for the trial by jury in criminal cases, al- 
though never extended to the colonies, because the 
treaty ceding the Floridas was concluded before the 



', tj» 



constitution was adopted, &c. in Spain." — Here is a 
most extraordinary declaration from the republican 
governor of a ceded territory, which, it was intend- 
ed, might hereafter become a member of our union. 
— The trial by jury, the freeman's dearest right, is 
not to be allowed, because the country was ceded, be- 
fore Spaniards had obtained that privilege under 
their new constitution; and the rights'of the people 
were to be determined and regulated by the "ordi- 
nances" of the governor that is, by the simple decla- 
ration of his will — A happy change truly!! In our 
further enquiry however, we will find that the gov- 
ernor acted under this impression. In a former let- 
ter to capt. Bell, he had said "the Spanish laws and 
usages are in force." His ordinances were to declare 
what the Spanish laws were, and afterwards in the 
letter referred to, he adds, "The judge (appoint- 
ed by the president,) can exercise no other power, 
(except so far as relates to carrying into effect the* 
acts extended over the Floridas,) unless specially 
given him by the*president. Such instructions have 
not been given, and I doubt very much whether 
the presjdent could give THEM. There is no 
doubt that the person exercising the power of tha 
governor of East Florida, can exercise all the 
powers exercised under the king op Spain, at the 
time the country was ceded." — This power we know 
was arbitrary and despotic. Spain had not reform- 
ed her constitution at the time, and hence, as the 
general argues, the people of Florida could not have 
the benefit of the trial by jury in criminal cases. — 
This assumption of regal prerogative we leave for the 
consideration of those who admire the republican 
principles of general Jackson. — Let us proceed to 
his practical illustration of his powers. By the trea- 
ty of cessions, all the archives and documents, re- 
lating to the "property or sovereignty of the country" 
were to be given up. The general undertook to in- 
terpret this, as including papers relative to private 
property; and a complaint having been made that 
some such were in the possession of the late Spanish 
governor, Callava, an order was issued that he should 
deliver them forthwith. — They were refused, and in- 
stead ofsending a civil officer with process, gen. Jack- 
son issued to col. Brooke the. following military re- 
quisition: "You will furnish an officer, sergeant,cor- 
poral, and twenty men, and direct the officer to call 
on me by half past 8 o'clock for orders. They will 
have their arms and accoutrements complete, with 
twelve rounds of ammunition." — This was accord- 
ingly done, and lieutenant Mountz, "officer of the 
guards," was directed to take colonel Callava into 
custody, &c. — They found him at his house, on the 
bed, and he complained of being too ill to go with 
them; but, as Messrs. Butler and Bronaugh "report- 
led" to his excellency, "he seemed to act without 
'much difficulty when the guard was ordered to 
prime and load." — The defenceless dignitary was 
jlhus dragged by military force, before governor 
! Jackson, and finally committed to prison: in the 
|mean time his hou*e was entered by order, boxes 
Were broken open, and papers taken out. — We leave 
you, fellow citizens, who have been accustomed to 
the mild execution of the laws, by civil officers ivith- 
out arms, to make your own reflections upon these 
acts. But we have not given you the whole case. 
Judge Fromentin, who had been commissioned by 
the president, judicial officer of the territory, was ap- 
plied to, by the friends of col. Callava, for a habeas 
corpus. Supposing that the country ceded to the 
United States, should share, in some degree, the be 
nignityofa free government, he allowed the w 



A 



12 



pi Jackson when informed of it, directed captain 'tyranny , can be chosen to preside over the destinies 
ager to inform Mr. Fromentin that the prisoners jof the only free people on the globe':' But we know, 
ouldbe kept confined until released by fas orders; 'many will say that the principles of generalJackson 
and at the same time issued his precept to bring the are too pure, and bis patriotism too elevated, to id- 
judge before him, to answer for having "attempted low him to entertain designs unfavorable to the M- 
to interfere" with his authority. Overwhelmed by jberties of his country. To this we will reply, that 
arbitrary power— brow-beaten and insulted, the jwe do not charge him with any deliberate intention of 
judge was compelled to yield his official dignity and mischief: We only urge the dangerous tendency of 
his personal independence.— To shew the manner in his mind and temper, and for that reason we hope 
which he was treated we shall copy from a letter of ;he will never be placed in a situation to test his 
p-.o it. Sd ? 1821, a principles or tempt his patriotism.— We believe he 

few . : ■■ of of abuse that were throws 'possesses good feeling »wl love of country.— So at 

upon him: "mt/msh,iientr— •■indignation and con- ;one time, perhaps, did Robespierre:— His character 
tempt" — "you were capable of stating aicUfui and de- Iwas unexceptionable — his conduct irreproachable — 
liberate falsehood"— "yon have the hardihood to deny" and so ardent was his zeal for liberty that he devo- 
— "you are regardless of truth"— "you have stated an ted his time and talents to publish a paper called 
other deliberate falsehood"— "recollect the admonition I\\"The defender of the eonslitidion "—Yei he was led 
gave"— "you will be treated and punished as you de-\\on by circumstances, till he became a bloody tyrant. 



serve. ,J Now all this was for having "dared," as the| 
general says, to issue a habeas corpus. — But to cap the: 
climax of tyranny, the Spanish officers, (resident at f 
Pensacola for many years, and owning large proper- 
ty), were ordered by proclamation, dated 29th Sep- 
tember, to leave the country in four days. Their of- 
fence was the publication in a newspaper, of a para- 
i graph, questioning the accuracy ot the interpreters 
\ who had assisted at the examination of col. Callava. 
|Two of the gentlemen ventured to return, in some 
short time, to look after their affairs, and in pursu- 
ance of the governor's order, were arrested and con- 
fined in prison. Fortunately for them, (as no habeas 
corpus could bring relief,) general Jackson resigned, 
and the case having been communicated to the pre- 
sident, he, at once directed, their discharge, after a con- 
finement of more than three months and a half. But, 
fellow citizens, it would be impossible, in any con 



We disclaim any comparison, however. Our object 
is merely to shew the possibility, that men may he 
carried away, by their passions, their interests or 
their mistaken notions of right, to do acts, at which 
they would once have revolted. — Marcus Manlius, 
by his personal prowess, saved the capital at Rome. 
He was the idol of the people and their advocate. He 
proposed the abolition of consulates and dictator- 
ships, and a perfect equality of rights. Yet this same 
Manlius, at length attempted to usurp the. sovereign 
power; was convicted and thrown from the Tarpeian 
rock. But take another instance, upon better au- 
thority, to which you can all advert. When the pro- 
phet told Hazael of the evil he would do to the chil- 
dren of Israel— that he would set on fire their strong 
holds, and slay their young men "ith the sword, *-.c. 
ihis reply Was, "what! is thy servant a dog, that he 
should do this great ikuig?" — and yet in a very short 



vecient limits, to lay before you in the briefest de-time he murdered Ids king and committed all the a 
tail, all the exceptionable incidents in the public life trocities that had been predicted, 
of gen. Jackson. They all go to shew that in every si |l Our third personal objection to general Jackson 

ifor the presidency, is his ivant «J qualifications. On 
this point we might rely upon negative proof, viz: the 
non-existence of any evidence of his talents and 
knowledge as a civilian and statesman; but we have 
abundant positive testimony to adduce — We need 
only refer again to his official letters, orders, &c. to 
shew thai he is by no means versed in constitutional 
and municipal law or the law of nations. The egre- 
gious blunders he has committed in legal interpreta- 
tion, and in the execution of his legitimate powers, 
evince sijcb a want of judgmenl and knowledge as 
must render it unsafe to place him at the- head of 
■the government. His attempt to bring the- inhabit- 
ants of New Orleans under the description of *;/>.'' -s 
if seen in the streets after 9 o'clock at night: His 
order to capt. M'Kecver. already noticed: His 
opinion that Arburthnot and Arahrister might be 
executed as "outlaws and pirates:" His construc- 
tion of the authority vested in him as governor of 
Florida: His declaration that the -Hartford con- 
vention men" might have been executed under the 
"second ser'ion," although citizens of the United 
^— and innumerable other instances, all prove 
not only his tyrannical, dangerous disposition, but, 
also, his profound ignorance,— How could such a 
man direct the internal economy and foreign rela- 
tions of a country like ours? It is impossible he 
could get along, without involving the nation in a 
war, and then declaring "martial tow."— With the 



tuation where he has been entrusted with power, he 
ha9 made his own will the rule of his actions. — He 
suspended or rather protracted the executive and 
legislative functions of Louisiana: He surrounded 
the hall of the assembly, with troops and excluded 
the members: He arrested the governor, dragged 
him by a military guard through the streets and e- 
ven threatened to hang him if he again displeased 
him: He prohibited the governor of Georgia from 
exercising his constitutional command over the mili- 
tia of his own state: He usurped the absolute con- 
trol of the armies under him, in time of peace, by di- 
recting his officers to receive no orders from the war 
(department, unless they came through him: He as- 
sumed the prerogative of making war, which Con- 
gress alone can do by the constitution: 1 ie abroga- 
ted and set at naught the established laws of na- 
tions, and instituted a new code of his own. ex re ac- 
ta, devised often in passion and vengeance — and ex 
ecuted in blood: He violated the la as, and disre 
garded the articles of war: And finally, (though not 
all) he attempted to control the freedom of debate 
by threatening to cut otT the ears of our senator! 
who were investigating his conduct in the Seminole 
war, and it is said was actually prevented by the 
gallant Decatur, from entering the senate chamber, 
to make an assault upon a member. 

We ask now your candid consideration of the 
facts we have disclosed, and submit to your deci 



sion whether we have not fully sustained our second, aid of military courts, then.it is possible he might 

personal objection to general Jackson.- Can it be' manage to keep us in due submission,— J nese oh- 

-sible that a man whose whole course of public i. 'tin- fe-llow: citizens, sustained as tbey are by nv 

b £.- « it has been marked by violence, usurpation and|freffagable proof, we think ought to put the election 

pea, ' \ ^ 



lrf 



of general Jackson out ol the question. But there ; tion to matters of vital importance, remain yet i& 
are other considerations which are too important to ,ihe dark. — Bst there can be no difficulty in antici- 
Pennsylvania, and to our western section of it par pating his eourse. It is a law in mechanical philo- 
ticulariy, to be omitted — Every farmer has felt and sophy, that a body must always move precisely it; 
does feel, that unless some system is adopted topro-j the line of direction of the impinging force. This 
tect the productions of our own country against ajlis equaliy true in politics. A man who has been 
ruinous competition from abroad, industry must bel elevated to office in the strife of parties, will always 
paralyzed and prosperity decline. Access to the endeavour to support the views and advance the in- 
markets of the seaboard also, by roads and canals, terests of those who have elected him.— General 
constructed on a national plan and with the means Jackson, if successful at all, will be so through the 
of the general government, has become ^dispensable, votes of the South; and that he will go with them in 



to the inhabitants of the interior. — These objects 
combined, form what is called the "American Sys 
tern;" and have for a longtime engaged the patriot- 
ic zeal and the best exertions of the friends of the grounds of our opposition to General Jackson, 
country. — Against them, the planters of the southern [think they are conclusive against his election. 



all great measures of policy, is clear upon every prin- 
ciple of human nature. 

We have then fellow citizens, laid before you the 

We 
Butl 



states are arrayed in formidable force. In proof of are there any well founded objections to the presentl 
this, we need only refer to the known interests and | incumbent. Mr. Adams? In a brief examination or, 
feelings of the people in that section of the union; toj this question, we shall pursue the topics suggested in 
the proceedings cf their public meetings; to the de-| an address, lately published by a committee of the 
claration of their public men; to their memorial to; friends of general Jackson. — With respect to the 
congress, deprecating the measures of which we so qualifications of Mr. Adams, there is no dispute: "his 
much approve, and to the vote of the members on talents, industry, and habits of business; his general 
the woollens bill of the last session, by which it will ^acquaintance with all the minutise and routine of 
appear that the south generally opposed its passage. J the departments of state and diplomatic concerns, 
But, how, it will be asked, does this affect the presi- are freely admitted, while his interests are ac- 
dential question? The connection of the two sub-j knowledged to be American." We wish those 
je.cts is fuily illustrated by examining the votes or, i gentlemen had been equally candid, or we would ra- 
the bill we have referred to above. It will be seen ther say better informed, with respect to the private 
that the members from the states friendly to the pre-|ldeportment and manners of Mr. Adams. They 
sent administration voted in favour of the bill, and: ought not to have imposed upon the people the re- 
marks which follow these we have quoted. 



So far 
from being truly descriptive, they have not the 
slightest aspect of the most unostentatious, plain, 
modest, unassuming man in the nation. — We do 
not think it worth while, however, to notice such 
"ad captandum 1 ' portraiture. The republican sim- 
plicity of Mr Adams is as remarkable as the splen- 




those from the states friendly to Jackson, generally 
against the bill: Thus, the whole representation 
from Maine, New Hampshire, Vermont, Rhode Is 
land, Massachusetts, Connecticut ;<nd Ohio, in 
which states Mr. Adams, it is admitted, has the ma 
jority, voted for the bill, except Mr. Thompson, a 
partizan of gen. Jackson from Ohio, Mr. Taunton 
from Massachusetts, and four others from Maine, all 1 dor of his talents. 

t-awn to be in favour of the general.— From Nortli' ) We are only sorry that gentlemen whom we re- 
and South Carolina, Georgia, Tennessee, Virginia j sped, should descend to such an artifice. The insi- 
Mississippi, and Alah 
son, the members vo 

except i»ir. Johnson, ..hu jc|mc»cui3 <i uisuu run assaii oyjacis, ine piwiic, or even pr 
Virginia friendly to the administration.— New York, (ter of Mr. Adams. VVe agree that both shall be o- 
New Jersey, Pennsylvania, Maryland, and Missouii. pen to investigation. But" to support Gen. Jackson 
which we think, will eventually support Mr. Adams, by the passions of the people, and to run down Mr. 
gave large majorities in favor of the bill; indeed the Adams by appealing to their prejudices,does not corn- 
only opposition was from the general's friends.— For port either with candor, justice, or the public inter- 
instance, in Pennsylvania, Messrs. Ingham, Kroner, est. Let only truth appear, and we are content.— 
Buchanan, Kittera, Wurts, Stevenson, and Adams. We shall proceed to notice the only ground ofobjec- 
the on!;, members who voted against the bill, arej'tion to Mf. Adams that -the committee hare set forth, 
known to be devoted Jackson men. — The result it is said to he his "acceptance of the presidency in 
Kives— For the bill, 106, of whom 90 were friends [direct opposition to the expressed will of the people 
of the administration,— 12 for Jackson, and 4 doubt- jjof the United States." This is strong assertion; and 
fa]; against the bill, 95, of whom 79 were for Jack [if supported bj proof we should abandon our candi- 
son— 12 for the administration, and 4 doubtful.— , date to his fate. But it is not true; and we shall 
This exhibition can leave no doubt as to the views of shew that .Mr. Adams not only is the constitutional 
the respective parties,on the great question of policy, president, but that he had also a greater popular vote 
That the "American System" will eventually form than any of his competitors. We know that the pub- 
the point of difference, we are fully convinced.— j lie mind has been misled on this subject; assump- 
Many of the general's friends in this state are unwil tions have been held up as facts, and the wildest no- 
ling, we know, to believe that he is opposed to these tions have been represented as legitimate, theories- 
great measures, upon which the prosperity of inter- i We hope to have a patient hearing, and we under- 
nal Pennsylvania depends. We would ask such per- take to maintain our position. It is not denied that 
sons, why their candidate has not come out, unequi- Mr. Adams is lawfullv president, according to all the 
vocally, on a subject, with respect to which he fortas of tb* constitution, but it is said the spirit of 
knows the people feel such intense anxiety. He has j jour republican representative system has been viola- 
been ready enough to appear before the public, tojjted. If it has, we agree that the people should ex- 
criminate his rival, and give his conjectures and in press their disapprobation in the most unequivocal 
ferences, with respect to alleged corruption in Mr.jjmanner. But when vou are called upon to turn out 
Clay; but his own sentiments and opinions, in rela-jfone man. because the spirit of your government has 



id 



f 

'ber.n disregarded, and put in another who has tram-| [candidate, when 

pled upon'theJeMer ofyour constitution and laws, we 

expect that you will require full and ample evidence. 

Kow then stands the case? In 1824 there were four 
' candidates for the presidency, and in the electoral 

colleges Mr. Adams had 84 votes, Gen. Jackson 99. 

Mr. Crawford 41, and Mr. Clay 37 — no one having 

amajorily of the whole number, which is necessary 

in order to a choice — Gen. Jackson, the highest, had 

little more than one-third. By the 12th article of the 

"amendments" of the constitulion, if no person have 

a majority of the whole number of electors, "then 

from the persons having the highest numbers, not 

exceeding three on the list of those voted for as pre- 
sident, the house e-f representatives shall choose im- 
mediately by ballot, the president; but in choosing 

the president, the votes shall be taken by states, the 

representation from each state having one vote," &c. 

In this mode — Mr. Adams was elected, having 87 

members, representing IS states, with a free popula- 
tion of 3,530,650 

Gen. Jackson had 71 members, represent- 
ing 7 states, with a free population of 2,665,26-2 

Mr. Crawford had 54 members, represent- 
ing 4 states, with a free population of 1,850,026 

Mr. Adams, therefore, having 13 states out of 24, had 

a clear majority, and was constitutionally elected 

president. This is not denied; but our opponents as- 
sert, that a "majority of the states, if their ivishes had 

been complied with, were opposed to his election 

We do not see by what process of reasoning, those 

ingenious calculators arrive at the fact. It'llii; majo- 
rity of the states were opposed to Mr. Adams, thev 

were certainly not in favour of Gen. Jackson, other- 
wise he would have been elected In truth, no man 

can tell what was never ascertained: the electoral 

votes were divided among the four candidates, and 

what the result might have been, if one of them had 

withdrawn belore the election, is entirely matter of 

conjecture. We do not see how it ought to affect 

the integrity of Mr. Adams, if even the fact was as 

stated. He did not elect himself, — the attempt at 

choice by the people was past, and he was finally 

chosen in the only way a president eculd have been 

chosen. He is again before the nation, and let him 

stand or fall by its merits. But to go really to the 

spirit and fundamental principles of our democratic 

institutions, it matters not (as regards the claim now 

to popular favour,) how the majority of the states, in 

their electoral colleges were, as between the two pre- 
sent candidates, if Mr. Adams had a greater number 

of popular voles. The mode of electors is the way 

devised by the i v \iuers of the constitution to get 

most conveniently at the public will. It is a very 

imperfect plan, in that respect, to he sure, because a 

man might have a majority of electors, and yet not 

have a majority of popular totes. Suppose, for in- 1 

stance, there arc two candidates, in M states, with 

a votable population of 500,000 persons, and each 

state having one electoral vote. In 10 of the states. 

one of the candidates has nearly all the votes, say 

200,000, which will give him LO electoral votes: In 

each of the 11 remaining states, the opposing candi- 
date has a bare majority, yet he will get 11 electoral 

votes. Now in such a case, the party who fails 

might have much the greater number of popular 

rotes. The successful person would be legally and 

fairly elected according to the constitution, though 

contrary to the spirit of our democracy. There are 

inconveniences in ever}' mode that can be devised. 

If the election was immediately by a plurality of '.he 

votes of the people, which we would prefer, still a 



there are a great many running, 
imight be elected, and not have one third of the 
whole number. In the case we are examining, we 
contend that Mr. Adams had a plurality of popular 
votes, and therefore upon pure democratic princi- 
ciples ought to be president. For instance, in the 
six New England slates, as between Mr. Adams and 
Gen. Jackson, Mr. Adams had almost the entire suf- 
frage of the people: in the other states the votes were 
jmuch divided, and although Gen. Jackson bad ma- 
jorities to obtain the electors, yet he had not such 
(majorities as would counterbalance Mr. Adams' ma- 
jorities in the eastern states. The following table 
) will illustrate the argument we have endeavoured to 
present, and which perhaps requires more develope- 
ment to make it intelligible: — 



7. 



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In some of the states it will be observed that the c- 
leclors were chosen by the legislatures. The popu- 
lar votes therefore in those states is computed from 
an ascertained ratio of the actual votes, with the 
number of voters, in the other states: — they are dis- 
tributed accoidinu to the proportion of electoral votes 
for each of the candidates. Thus in Vermont, where 
Adams had all the. votes in the electoral college, we 
have ^iven him the whole number of popular votes: 
In New York, they are divided according to the elec- 
toral votes each received: and in South Carolina 
where Jackson received all the electoral votes, he is 
allowed all the popular votes. The result thus stat- 
ed shews, that although Mr. Adams received 166,- 
1 12 votes of the people, he had but S4 votes in the 
electoral colleges: while gen. Jackson with only 153,- 
733 popular votes, received the votes of 99 electors. 
If the electoral votes had been in accordance with 
the votes of the people, Mr. Adams would have had 
more than Jackson. Our opponents complain that 



15 



Maryland and Illinois, in congress, voted for Mr. Ad- 
ams. Let us examine from the data furnished, whe- 
ther this was not exactly as the people wished. In 
Maryland, as the table shews, Mr. Adams had 14,- 
632 and gen. Jackson 14,523 popular votes. Now 
upon pure democratic principles Mr. Adams ought to 
have got all the electoral votes of that state, and il 
the election had been chosen as in Pennsylvania by a 
general ticket, he would have had them. But in the 
division of districts it happened that gen. Jackson, 
with a less number of popular votes, obtained 7 elec- 
toral votes. If Mr. Adams had obtained them.the result 
would have been 92 each. In Illinois also Mr. Ad- 
,'ams had 1541, and gen. Jackson only 1272 votes 
/of the people — Upon the same principle Adams 
v therefore ought to have bad the electoral votes of 
Ahat state; yet Jackson got 2 and he only one. If we 
, take those 2 from the general, and add them to Mr. 
: Adams, it would then stand thus — Adams 94 — 
Jackson 90. 

There is another fact which appears from this ta- 
ble, that ought not to be overlooked. In the South- 
ern states, where general Jackson had his majeri- 
ties, the slave population is represented in the pro- 
portion of Jive to three whites. Electors were chosen 
accordingly. Five slaves therefore had as much po 
litical power as three free whites, in the eastern or 
middle states. It is evident therefore that Mr. Ad 
ams had in truth a very large plurality of the free 
voters of the United States. The subjoined table 
will illustrate this argument. — 



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13 OS -J CJ to 13 CO 
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JOJ 9}0A 9JUJA1 99J j 



jit would have been if Maryland and Illintft 1 

[entire for Mr. Adams, according to the po\j a „ ;°. ne 

viz. 94 for Adams and 90 for Jackson. E\: n °. ' 

the slave vote altogether, which would sub\Jf u . 

x > in 

Ad- 

iSon 

if 



whole numbers, ten from Jackson and one 
ams. It would then stand — Adams 93 and 
SO only — Thus in every point of view, it is c 



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From the above table it will appear that from the 
slave holding states, Jackson received 44 and Adams 
but 4 electoral votes. The senatorial representation 
is not taken into account, as it would not affect the 
calculation either way. It will also appear, that of 
pure slave votes Jackson received nearly 1 1 and Ad- 
ams 1 only. Now take the result as we have shewn 



the voice of the greater number is to be an 
tionjhat Adams was the choice of the free peopli 
the United States, and the main argument of our 1 
ponents falls to the ground. 

But it is useless to occupy your time in this fruit^ 
less enquiry. Our opponents cannot doubt that Mr. 
Adams is not only constitutionally but honorably e- 
lected, unless they can make out a fact which has 
been alleged,, It is said that Mr. Adams was elected 
by a corrupt arrangement with Mr. Clay, by which 
ithe votes of several states were turned over to him. 
jThis vile charge has been at length traced to Gen. 
^Jackson himself, and he appears before the nation as 
the accuser of Mr. Clay. By doing so he has put 
himself in an awkward situation as respects the pro- 
priety of his own official conduct. According to his 
statement, corrupt propositions were communicated 
to him some lime before the election in the House 
of Representatives. When the nomination of Mr. 
Clay, as secretary of state was made to the senate, 
Gen. Jackson, instead of disclosing the information 
he had received, and demanding an investigation, 
remained perfectly silent, and permitted his fellow- 
members to concur in the appointment. This in- 
volves him in a dilemma: either he had not the know- 
ledge he now pretends, or he was guilty of a gross 
dereliction of public duty in not exposing the infa- 
mous conspiracy. The same charge he afterwards 
insinuates into circulation by means of Mr. Carter 
Beverly, from bistable at the Hermitage. When 
brought home to him, he alleged that one of his own 
friends, Mr. Buchanan, had conveyed to him the 
propositions which he understood to come from Mr. 
Clay. Is he supported in this averment? Not at all: 
On the contrary Mr. Buchanan has contradicted 
[him in every material particular, and most triumph- 
antly vindicated Mr. Clay and his friends from the 
base suggestions. Every rag of covering has been 
torn from the vile contrivance, and it stands before 
the people in all its naked deformity. The web of 
moonshine which Mr. John H. Eaton, the Pensaco- 
la speculator, has since endeavored to throw over it, 
cannot conceal it from the scorn and indignation of 
the public. His publishing letters without names, 
statins; facts that never existed, will not do any long- 
er. The people are not to be deceived: they must 
have facts and evidence. Mr. Cla3 r is like gold tried 
in the fire. He stands as high in honor as he is ele- 
vated by his talents and distinguished by his services 
— He braves the severest scrutiny — But it is unne 
cessary to offer defence where there is no accusati r 
The charge of corruption is blown sky high: ■ 
tatter of it floats in the air — The Jackson c 
have not ventured tp reiterate the cal' 
should, however, have been more pi' 
candor, if no lurking insinuation v 
their address. The only que- 
before the people then, is <- 
the integrity of either M 
one of political princ' 
differ: — Does the 
jtive and his ir 
ilection ofr 
jduty thf 
'thosf 



/ 



/ 



lfc- 



I1V ho 



LIBRARY OF CONGRESS 



jihad fondly 
[Hon— but thy 
hasjdisregarded ev 



011 899 409 7 • 



ias 
las 



i , a ,,(_jecause the fact's do not present it in Art II 
s6 *j>C5Be — No instructions were given by thejji 
P re v f nor could there have been. The law has| < 

P e0 *\rd no mode by which their wishes in the par- trampled under loot the raws and constitution oi "his 

P. r0 .r contingency can he ascertained. Any ex-||country — and who has substituted his own ungov- 

■ion made by a public meeting is by no meansjjern;ible will as his only.rule of conduct— thy support 

Psfactory as to the real state of popular sentiroeut.jof such aman, shakes my conlidence in the capacity 

a* surely it cannot be pretended that; the legisla-ljof man for self government, and I fear all is lost.' 1 

jre of a state can undertake to decide what the o ;But if you allow your judgment to controul your 

pinions of the people are on the subject. It is a ma< I passions; if you will investigate and form your deli- 

ter not confided to them, and their interference is u- berate opinion of your true interests aud duty, from 

surpation. This subject might be discussed with] evidmce, you will avoid the destiny that otherwise 

profit, perhaps more in detail, but 

have occupied yon too long. 

We would conclude, fellow ci 



lemn appeal to your good sense andlove of freedom. 
If you prize the free institutions of your country, we 
entreat you not to founder them uf.cn- the rock where 
every republic, heretofore, has split. — Should vio- 
lence and proscription succeed in procuring the elec- 
tion of general Jackson, our liberties are gone. The 
forms of our political organization may for a short 
time be continued, but the substance is taken away. 
A military despotism will overawe the exercise of 
our privileges and make them subservient to the 
will of a tyrant. If a phrenzied devotion to an idol 
has not subverted your reason, we call upon you to 
pause and reflect upon the facts we have disclosed. 
Attend to the lesson of experience; let history speak 
to you in the lang-uage of warning and admonition I 
and, finally, hear the voice of your beloved Jeffer- 
son, who, from the brink of the grave addressed to 
you his apprehension of your impending ruin, in) 
these awful and portentous words — "My country. 
thou too, will experience the fate which has befallen 
every free government: — thy liberties will he sacri 
ficed to the glory of some military chieftain. I 



we feel that we! awaits you and us — and am. will be safe. 

We are with the utmost sincerity, in our common 
•zens, with a so-||ca»se, your friends and servants, «§*e 



Thomas H. Baird, 
John Johnson, 
Richard Bard, 
Robert Colmery, 
Joseph Henderson, 
John Reed, 
James Keys, 
James Kerr, 
Robert M'Farland, 
William Welsh, 
John Rodgers, 
John Myers, 
Andrew Sutton, 
Abel M'Farland, 
Thomas Vennom, 
William Lindley, 
John M'Coy, 
George Wilson, 
James M'Quown, 
Henry Alter, 
James Allison, 



David Clark, 
James Boyd, 
John Bovd, 
ThomasM'Call, 
Walter Craig, 
William Vance, 
Benjamin Bubbit, 
Thomas Walker, 
James Proudfoot, 
James M'Farren, 
John Vanee, 
Samuel M'Glaughlin, 
George Murray, 
William Berry, 
Joseph Reed, 
Thomas M-Glau;hlin, 
Joseph Crawford, 
Jonathan Leatherman, 
Alexander Gordon, 
William Colmery, 
David Hay. 

Committee; 



